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Can employers legally record an interview?

An employer may want to record an interview for several reasons. But regardless of the reason, are they legally allowed to record the candidate’s interview? Let’s look at the factors that determine if it’s legal or not.

When to record an interview

Interviews help hiring managers get a clear idea of the type of person they are dealing with. It is important that the interviewers are able to give their undivided attention to their candidate to ensure they are able to make a good assessment. If the interview is recorded, they can give the candidate their full attention then go back and review the responses later.

An employer might also want to record an interview if someone involved in the hiring decision is unavailable for the interview. In that case, the recording would be essential in helping them make their decision.

Finally, a recording of an interview could also be used for training purposes. It could help new employees involved in the hiring process learn how to conduct a proper interview.

Expectation of privacy

When making audio recordings, it is important to determine if there is an expectation of privacy. For example, if the interview is conducted in a public area, due to the potential of being overheard by others there is no expectation of privacy. With no expectation of privacy, it is generally acceptable to record audio in a public area.

However, if the candidate finds out that they were being recorded without their knowledge or approval, they may feel as though their privacy has been invaded. If the candidate was asked for personal information during the interview, they may seek legal action against the interviewer and the organization they work for.

Always get consent

With all of that being said, it is always a good idea to inform candidates that they are being recorded before the interview, at the beginning of the interview, or both. That way the candidate can decide for themselves if that is something they are comfortable with or not. Getting permission to record the interview prior to the interview can also help avoid any potential lawsuits.

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